HomeMy WebLinkAboutOrdinance #2743 ORDINANCE NO. 2743
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND ADOPTING
THE REDEVELOPMENT PLAN FOR THE HUNTINGTON
CENTER COMMERCIAL DISTRICT REDEVELOPMENT
PROJECT
WHEREAS, the City Council of the City of Huntington Beach has
received from the Redevelopment Agency of the City of Huntington
Beach, hereinafter referred to as "Agency" , the proposed
Redevelopment Plan for the Huntington Center Commercial District
Redevelopment Project, hereinafter referred to as "Project" , as
approved by the Agency, a copy of which is on file at the Office
of the Agency at 2000 Main Street, Huntington Beach, California,
and at the Office of the City Clerk, City Hall, 2000 Main Street,
Huntington Beach, California, together with the Report of the
Agency, including the reasons for the selection of the Project
Area, a description of the physical, social and economic
conditions existing in the Project Area, the proposed method of
financing the redevelopment of the Project Area, an analysis of
the Preliminary Plan, the report and recommendations of the
Planning Commission of the City of Huntington Beach, hereinafter
referred to as "Planning Commission" , a summary of meetings with
property owners and entities interested in the Project Area, an
environmental impact report on the Redevelopment Plan, the report
of the County Fiscal Officer and the Agency's analysis thereof,
and a neighborhood impact report; and
The Planning Commission has submitted to the City Council of
the City of Huntington Beach its report and recommendations for
approval of the Redevelopment Plan and its certification that the
Redevelopment Plan conforms to the General Plan for the City of
Huntington Beach; and
1.
The City Council and the Agency held a joint public hearing on
November 19 , 1984 , on adoption of the Redevelopment Plan and on
certification of the Final Environmental Impact Report on the
Redevelopment Plan in the City Council chambers, City Hall, 2000
Main Street, Huntington Beach, California; and
A notice of said hearing was duly and regularly published in
the Orange Coast Daily Pilot, a newspaper of general circulation
in the City of Huntington Beach, once a week for four successive
weeks prior to the date of said hearing, and a copy of said notice
and affidavit of publication are on file with the City Clerk of
the City of Huntington Beach and Clerk of the Agency; and
Copies of the notice of joint public hearing were mailed by
certified mail with return receipt requested to the last known
address of each addressee, as shown on the last equalized
assessment roll of the City of Huntington Beach, of each parcel of
land in the proposed Project Area; and
Each assessee of privately-owned real property in the Project
Area was sent a separate statement, attached to the notice of
joint public hearing, that his property may be subject to
acquisition by purchase or condemnation under the provisions of
the Redevelopment Plan; and
Copies of the notice of joint public hearing were mailed by
k certified mail with return receipt requested to the governing body
of each taxing agency which receives taxes from property in the
Project Area; and
The City Council has considered the report and recommendation
of the Planning Commission, the report of the Agency, the
Redevelopment Plan and its economic feasibility, the feasibility
of the relocation program and the Environmental Impact Report, has
provided and opportunity for all persons to be heard and has
received and considered all evidence and testimony presented for
or against any and all aspects of the Redevelopment Plan; and
2.
The Agency and City Council have reviewed and considered the
Environmental Impact Report for the Redevelopment Plan, prepared
and submitted pursuant to Public Resources Code Section 21151 and
Health and Safety Code Section 33352, and certified the completion
of said Environmental Impact Report on November 19, 1984, by
Agency Resolution No. 101 and City Council Resolution No. 5467.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES ORDAIN AS FOLLOWS :
Section 1. That the purpose and intent of the City Council
with respect to the Project Area is to accomplish the following :
1. The elimination of environmental deficiencies in the
Project Area, including, among others inadequate public
improvements.
2. The comprehensive planning, redesign, replanning,
development reconstruction or rehabilitation of the
Project Area and its circulation system which would
facilitate a higher and better utilization of the lands
within the proposed Project Area thereby contributing to
the public health, safety and welfare.
3. Assisting in the financing, reconstruction and/or
construction of curbs, gutters , sidewalks, streets,
parking improvements and other public facilities.
4 . Alleviate economic constraints on the Project Area
without causing significant traffic problems which could
correlate without increased activities absent the public
improvements to be provided by the Agency.
5. Improving circulation throughout the Project Area.
3.
Section 2. The City Council hereby finds and determines
that:
1. The Project Area is a predominantly urbanized area which
is a blighted area, the redevelopment of which is
necessary to effectuate the public purposes declared in
the California Community Redevelopment Law (Health and
Safety Code Sections 33000 et seq.) . This finding is
based upon the following conditions which characterize
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the Project Area:
a. The existence of unfit or unsafe buildings and
structures due to age, obsolescence or mixed
character, which are conducive to ill health.
b. The existence of I which suffer from
properties
deterioration and disuse because of inadequate
public improvements, facilities and utilities,
including inadequate and insufficient traffic
circulation, parking, drainage, sidewalks, curbs,
gutters and traffic signals, which cannot be
remedied with private and governmental action
without redevelopment.
C. The existence of properties which suffer from
economic dislocation, deterioration and disuse
resulting from faulty planning.
d. A lack of proper utilization of property, resulting
in a stagnant and unproductive condition of land
potentially useful and valuable.
e. A prevalence of impaired investments and economic
maladjustment.
4.
It is further found and determined that such conditions
are causing and will increasingly cause a reduction and
lack to such an extent that it constitutes a serious
physical, social and economic burden on the City which
cannot reasonably be expected to be reversed or
alleviated by private enterprise acting alone, requiring
redevelopment in the interest of the health, safety and
general welfare of the people of the City and the State.
This finding is based on the fact that governmental
action available to the City without redevelopment would
be insufficient to cause any significant correction the
blighting conditions, and that the nature and costs of
the public improvements are beyond the capacity of the
City and cannot be undertaken or borne by private
enterprise, acting alone or in concert with available
governmental action.
2. The Project Area is an urbanized area. This finding is
based upon the fact that not less than eighty percent
(80%) of the privately owned property in the Project Area
has been or is developed for urban uses, as demonstrated
by the Agency ' s Report to Council. In addition, as
demonstrated by the Agency' s Report to Council , the
Project ARea is part of an area developed for urban uses,
such as residential and quasi-public.
3 . The Redevelopment Plan will redevelop the Project Area in
conformity with the Community Redevelopment Law and in
the interest of the public peace, health, safety and
welfare. This finding is based upon the fact that
redevelopment of the Project Area will implement the
5.
objectives of the Community Redevelopment Law by aiding
in the elimination and correction of the conditions of
blight, providing for planning, development, redesign,
clearance, reconstruction or rehabilitation of properties
which need improvement, and providing for higher economic
utilization of potentially useful land.
4. The adoption and carrying out of the Redevelopment Plan
is economically sound and feasible. This finding is
based on the fact that under the Redevelopment Plan no
public redevelopment activity will be undertaken unless
the Agency can demonstrate that it has adequate revenue
to finance the activity; the Agency' s Report to City
Council pursuant to Health and Safety Code Section 33352
further demonstrates the economic soundness and
feasibility of the Redevelopment Plan and undertakings
pursuant thereto.
5. The Redevelopment Plan conforms to the General Plan of
the City of Huntington Beach. This finding is based on
the findings of the Planning Commission that the
Redevelopment Plan conforms to the General Plan for the
City of Huntington Beach.
6. The carrying out of the Redevelopment Plan will promote
the public peace, health, safety and welfare of the City
of Huntington Beach and will effectuate the purposes and
policy of the Community Redevelopment Law. This finding
is based on the fact that redevelopment will benefit the
Project ARea by correcting conditions of blight,
including without limitation constraints of intersections
and street in their present condition.
6.
7. The condemnation of real property, as provided for in the
Redevelopment Plan, is necessary to the execution of the
Redevelopment Plan, and adequate provisions have been
made for the payment for property to be acquired as
provided by law. This finding is based upon the need to
ensure that the provisions of the Redevelopment Plan will
be carried out and to prevent the recurrence of blight.
8. No housing facilities are included within the Project
Area as to which occupants could be displaced by
activities of the Agency. Therefore, the Agency is not
required to prepare a precise plan to implement the
relocation of families and persons displaced from the
Project Area. The Agency recognizes that the provisions
of Sections 7260 to 7276 of the California Government
Code would be applicable in the event such relocation
would occur due to the implementation by the Agency of
the Redevelopment Plan. The City Council finds and
determines that the provision of relocation assistance
according to law constitutes a feasible method for
relocation.
9. There are, or are being provided, within the Project Area
or within other areas not generally less desirable with
regard to public utilities and public and commercial
facilities and at rents or prices within the financial
means of any families and persons who might be displaced
from the Project Area, decent, safe and sanitary
dwellings equal in number to the number of and available
to such displaced families and persons and reasonably
accessible to their places of employment. This finding
7.
is based upon each of the following facts : (i) No
housing facilities are included within the Project Area
as to which occupants could be displaced by activities of
the Agency; and (ii) no person or family will be required
to move from any dwelling unit until suitable replacement
housing is available.
10. There are no non-contiguous areas within the Project Area.
11. Inclusion of any lands , buildings or improvements which
are not detrimental to the public health, safety or
welfare is necessary for the effective redevelopment of
the entire area of which they are a part, and any such
area is not included for the purposes of obtaining the
allocation of tax increment revenues from such area
pursuant to Section 33670 of the Community Redevelopment
Law without other substantial justification for its
inclusion. This finding is based upon the fact that the
boundaries of the Project Area were chosen on the basis
of traffic and related problems pervading the Project
Area, as more particularly described in the Report of the
Agency to the City Council.
12. The elimination of blight and the redevelopment of the
Project Area could not reasonably be expected to be
accomplished by private enterprise acting alone without
the aid and assistance of the Agency. This finding is
based upon the existence of blighting influence,
including the lack of adequate public improvements and
facilities, and the infeasibility due to cost of
requiring private entities to eradicate or significantly
alleviate existing deficiencies in public improvements.
8.
Section 3. The City Council is satisfied that permanent
housing facilities will be available within four (4) years from
the time occupants of the Project Area, if any, are displaced, and
that pending the development of such permanent facilities, there
will be available to any such displaced occupants temporary
housing facilities at rents comparable to those in the City of
Huntington Beach at the time of their displacement. No persons or
families of low or moderate income shall be displaced from
residence unless and until there are suitable housing units
available and ready for occupancy by such displaced persons or
fam8lies ar rents comparable to those at the time of
displacement. Such housing units shall be suitable to the needs
of such displaced persons or families and dwellings. The Agency
shall not displace any such persons or families until such housing
units are available and ready for occupancy.
Section 4. The City Council is convinced that the effect
of tax increment financing will not cause a severe financial
burden or detriment on any taxing agency deriving revenues from
the Project Area. This based upon the analysis contained in the
Agency' s Report to the City Council.
Section 5. Written objections to the Redevelopment Plan
filed with the City Clerk of the City of Huntington Beach before
the hour set for hearing and all oral objections presented to the
City Council at the hearing having been considered are hereby
overruled.
Section 6. That certain document entitled "Redevelopment
Plan for the Huntington Center Commercial District Redevelopment
Project, " the maps contained therein and such other reports as are
incorporated therein by reference, a copy of which is on file in
9.
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the Office of the City Clerk of the City of Huntington Beach,
having been duly reviewed and considered, is hereby incorporated
in this Ordinance by reference and made a part hereof, and as so
incorporated, is hereby designated, approved and adopted and the
official "Redevelopment Plan for the Huntington Center
Redevelopment Project. "
Section 7. In order to implement and facilitate the
effectuation of the Redevelopment Plan hereby approved, this City
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Council hereby (a) pledges its cooperation in helping to carry out
the Redevelopment Plan, (b) requests the various officials,
departments, boards and agencies of the City of Huntington Beach
having administrative responsibilities in the Project Area
likewise to cooperate to such end and to exercise their respective
functions and powers in a manner consistent with the redevelopment
of the Project Area, (c) stands ready to consider and take
appropriate action upon proposals and measures designed to
effectuate the Redevelopment Plan, and (d) declares its intention
to undertake and complete any proceeding necessary to be carrier
out by the City under the provisions of the Redevelopment Plan.
Section 8. The City Clerk is hereby directed to sent a
certified copy of this Ordinance to the Agency whereupon the
Agency is vested with the responsibility for carrying out the
Redevelopment Plan.
Section 9. The City Clerk is hereby directed to record
with the County Recorder of Orange County a description of the
land within the Project Area and a statement that proceedings for
the redevelopment of the Project Area have been instituted under
the Community Redevelopment Law.
Section 10. The City Clerk is hereby directed to transmit a
10.
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copy of the description and statement recorded by the City Clerk
pursuant to Section 9 fo this Ordinance, a copy of this Ordinance
and a map or plat indicating the boundaries of the Project Area,
to the auditor and assessor of the County of Orange, to the
governing body of each of the taxing agencies which received taxes
from property in the Project Area and to the State Board of
Equalization.
Section 11. EFFECTIVE DATE. This Ordinance shall be in
full force and effect thirty (30) days after passage.
Section 12. PUBLICATION. The City Clerk is hereby ordered
and directed to certify to the passage of this Ordinance and to
cause the same to be published once in the Huntington Beach
Independent or the Orange Coast Daily Pilot, newspapers of general
circulation for the City of Huntington Beach.
Section 13. SEVERABILITY. If an part of this Ordinance or
the Redevelopment Plan which it approves is held to be invalid for
any reason, such decision shall not affect the validity of the
remaining portion of this Ordinance or of the Redevelopment Plan,
and this City Council hereby declares that it would have passed
the remainder of this Ordinance or approved the remainder of the
Redevelopment Plan if such invalid portion thereof has been
deleted.
PASSED AND ADOPTED by the City Council of the City of
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11.
adjourned
Huntington Beach at a regular/meeting thereof held on the 2(,th
day of November , 1984.
ATTEST: APPROV D ,AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ity dministrato Special Projects
Coordinator
12.
Ord. No. 2743
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 19th day of November
19 84 , and was again read to said City Council at a regular adjourned
meeting thereof held on the 26th day of November , 19 84 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, MacAllister, Kelly, Bailey
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Mandic
NOT VOTING: Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California